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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 420   View pdf image (33K)
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people of Baltimore since 1851, and he had yet to hear
the first word of complaint against it. The majority had
offered an additional clerk as a bribe to gain support, but
he spurned the offer, and contended that one clerk could
do the work under that system as well as five.
Mr. Garey said that prior to 1851 Baltimore city, under
the old system, had a separate Criminal Court, and so
great was the importance of the criminal business that
several judges at one time sat on the bench. Since 1851
but one judge had presided there.
Some gentlemen had come here so imbued with the idea
of the defects in the Baltimore system that they wished
to organize a system entirely unknown in Maryland.
When the Convention resolved to adopt the three-judge
system for the counties, it returned to the old system. It
was contended that this would also be expected in Bal-
timore city by the adoption of the majority report, but
he denied it. The whole thing was impracticable; it was a
compulsory system, and could not be operated. When
this scheme was first brought forward it embraced but
one clerk for the whole city, and, as soon as this was
known, it created great confusion. The most distin-
guished leaders of the bar opposed it, as tending to sub-
vert the entire system of Maryland to introduce in the
city of Baltimore a system which had failed in New
York, and was one of the reasons which had induced the
calling of a constitutional convention in New York and
which had worked badly in Washington. It was a pet
scheme gotten up by a few distinguished gentlemen, but
not demanded by the people.
Mr. Barnes had been opposed to the majority report
and in favor of the principal features of the minority re-
port. He had been hopeful of some system being devised
which would meet the views both of the friends of the
majority and of the minority, and with that view had
made the motion yesterday for a consultation of the city
delegation. The substitute which had been agreed upon
by a majority of those present substantially embodied the
features of the minority report, with the rotatory sys-
tem of the majority report. This being the case, he was
opposed to splitting of hairs.
420


 
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 420   View pdf image (33K)
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